, J '7' 


■BUTLER 

Synopsis  of  iVie  Covenant 
of  LV»« 

lucaQu^  of  NlaLtons 


BULLETIN  No.  48 


r'Xiovs 


OCTOBER,  i-yyi 


THE  AMERICAN  RIGHTS  LEAGUE 


For  Upholding' the  Duty  of  the  Republic 
in  International  Relations 


2 "WEST  45th  ST.,  NEW  YORK 


SYNOPSIS  OF  THE  COVENANT  OF 
THE  LEAGUE  OF  NATIONS 


WITH  COMMENT  Y 


HOWARD  RUSSELL  BUTLER 


Peace,  security,  and  international  cooperation — these 
are  the  corner-stones  of  civilization.  Germany  tried  to 
undermine  them  and  Germany  has  been  overthrown. 

The  summons  to  war  is  no  longer  heard,  the  call  is  to  the 
work  of  reconstruction.  But  any  return  to  the  “status 
quo”  is  unthinkable  for  all  know  that  the  “Balance  of 
Power”  plan  has  proved  itself  a war-breeder. 

No,  it  took  the  frightfulness  of  war  to  open  our  eyes  to 
the  great  truth  that  lasting  peace  among  nations  must 
come  from  cooperation  not  antagonism.  The  spirit  of 
fraternal  agreement  is  now  in  the  air.  What  could  not  be 
accomplished  before  the  war — as  for  example  at  the  Hague 
Conferences — is  now  attainable;  for  the  world  has  been 
made  ready  by  fire  and  blood. 

This  golden  opportunity  will  not  last  long. 

As  always,  in  such  eras,  the  wild,  the  fantastic,  and  the 
false  loom  large,  while  the  sane  and  the  true  are  thrust  aside 
as  too  simple,  or  condemned  for  slight  defects. 

The  first  task  confronting  the  battered  world  is  to  formu- 
late a sane  plan — a covenant  between  nations  which  shall 
be  as  nearly  ideal  as  possible  and  at  the  same  time  accept- 


I 


able  to  the  greatest  number.  This  task  has  been  ably  per- 
formed. The  covenant  of  the  League  of  Nations  is  now- 
unrolled  before  us.  It  has  been  signed  already  by  the 
representatives  of  twenty-seven  nations.  Who — in  1913 — 
could  have  believed  this  a possibility?  It  has  been  made  a 
certainty  by  the  war. 

The  covenant  now  awaits  ratification.  It  begins  by 
stating  its  great  object; — viz.,  to  promote  international  co- 
operation, peace,  and  security.  The  pro-visions  for  sectuing 
these  essentials  to  civilized  existence  are  set  forth  in  twenty- 
six  articles 

I believe  that  if  these  articles  were  carefully  read  by  otir 
citizens  generally  an  overwhelming  demand  for  immediate 
ratification  would  result.  But,  alas,  how  few  have  read 
them  or  have  the  chance  to  read  them.  The  difiiculty  to 
the  average  man  of  obtaining  a copy  is  far  greater  than  it 
should  be.  The  press  seems  content  to  have  published 
them  once,  in  July  last;  but  few  saved  the  issues  of  that 
time.  In  Maine,  where  I spent  the  past  three  months,  no 
one  seemed  to  know  how  or  where  to  get  a copy, 
t The  text  of  the  Covenant  should  be  printed  by  the 
million  copies  and  scattered  broadcast.  It  should  be  pro- 
curable at  every  news-stand.  It  should  reappear  from  time 
to  time  in  every  newspaper.  Why  give  columns  of  critic- 
isms and  contentions  on  minor  points  while  access  to  the 
Soul  of  the  Covenant  is  denied?  For  those  who  find  it 
laborious  to  read  the  full  text,  or  who  will  not  do  so,  synopses 
should  be  supplied.  What  is  needed  is  publicity,  not  argu- 
ment. The  merits  are  so  manifest  to  the  unbiased  mind 
that  they  will  commend  themselves  irresistibly. 

This  is  the  way  to  silence  the  Borahs,  the  Johnsons,  the 
Reeds,  and  all  the  petty  politicians  who  seek  political  capital 
and  who  strain  at  gnats.  Let  them  alone  but  publish  the 
Covenant. 

I offer  here  a synopsis,  in  which  the  number  of  words 
is  about  one-third  that  of  the  original ; also  a few  comments. 


Synopsis — Covenant  of  the  League  of  Nations 

The  high  contracting  parties,  in  order  to  promote  inter- 
national cooperation,  peace,  and  security,  by  obligations 
not  to  resort  to  war, 

to  maintain  open,  just,  and  honorable  relations, 
to  establish  international  law,  and 
to  maintain  justice  and  respect  for  treaties, 
agree  to  this  Covenant. 

Art.  I.  Original  members  shall  be  the  nations  (27) 
signing  (June  28,  1919)  and  such  others  (12  invited)  as 
shall  accede  without  reservations  and  deposit  declarations. 

Others  may  be  admitted  by  % vote  of  Assembly,  on  giving 
satisfactory  guarantees. 

Any  member  may  withdraw  on  2 years  notice,  if  its  inter- 
national and  covenant  obligations  have  been  fulfilled. 

Art.  2.  The  League  is  to  act  through  an  Assembly  and 
Council,  with  permanent  secretariat. 

Art.  j.  Assembly  to  consist  of  representatives  of  mem- 
bers. Meetings  to  be  at  stated  intervals  and  from  time  to 
time;  at  seat  of  League  or  other  chosen  place. 

May  deal  with  any  matter  in  its  sphere  or  affecting  gen- 
eral peace. 

Each  member  to  have  one  vote  and  not  more  than  3 
representatives 

Art.  4.  Council  to  consist  of  one  representative,  with  one 
vote,  of  each  of  the  5 principal  powers,  viz. : — United  States, 
British  Empire,  France,  Italy,  and  Japan;  and  4 other 
temporary  members,  selected  by  the  Assembly,  from  time 
to  time,  beginning  with  Belgium,  Brazil,  Spain,  and  Greece. 

Council,  with  majority  approval  of  Assembly,  may  name 
additional  members  to  have  permanent  representation  on 
it  and  increase  number  of  members  to  be  selected  by  the 
Assembly. 

Council  to  meet  from  time  to  time  and  at  least  once  a 
year,  at  seat,  etc.  ■ 

May  deal  with  any  matter  within  its  sphere  or  affecting 
general  peace. 


3 


Any  member  may  have  representative  on  Council  when 
question  concerns  its  interests. 

Art.  Unanimous  vote  required  of  those  represented 
at  Assembly  and  Council  meetings,  except  as  elsewhere 
provided. 

Matters  of  procedure  and  certain  committee  appoint- 
ments determined  by  majority  vote  of  members  repre- 
sented at  meeting. 

U.  S.  President  to  summon  first  meetings. 

Art.  6.  Permanent  Secretariat  to  be  at  seat,  comprising 
Secretary  General  (ist  Secy.  Hon.  Sir  James  Eric  Drum- 
mond). Successors  appointed  by  Council  with  majority 
approval  of  Assembly. 

Staff  appointed  by  Secy.  Genl.  with  approval  of  Council. 

Secy.  Genl.  presides  at  Assembly  and  Council  meetings. 

Expenses  apportioned  on  Universal  Ppstal  Union  plan. 

Art.  7.  Seat  of  League  Geneva.  Council  can  move  it. 
Both  men  and  women  eligible. 

All  have  diplomatic  immunity;  buildings,  etc.,  inviolable. 


So  much  for  the  mechanism  of  the  League.  Now  follow 
the  great  ends  to  be  accomplished  through  its  agency.  The 
first  of  these  is : 

Art.  8.  Reduction  of  Armaments. 

All  the  members  recognize  that  maintenance  of  peace 
requires  such  reduction. 

Council  to  formulate  plans  for  consideration  and  action 
of  the  several  governments. 

Subject  to  revision  at  least  every  ten  years. 

After  adoption  by  each  the  limits  shall  not  be  exceeded 
without  concurrence  of  Council. 

All  the  members  recognize  that  private  manufacture  of 
war  materials,  etc.,  is  objectionable — Council  to  advise  on 
this. 

All  agree  to  give  full  information  on  their  scales  of  arma- 
ments, military  and  naval  programs,  and  war  industries. 

Art.  Q.  Permanent  Commission  to  be  constituted  to 

4 


advise  Council  on  execution  of  provisions  of  Arts,  i and  8 
and  on  military  and  naval  questions. 

Thus  a practical  way  is  opened  for  a simultaneous  reduc- 
tion of  armaments  all  along  the  line — it  is  not  forced  upon 
any,  but  made  attractive  to  all.  A great  opportunity — the 
first  in  history — to  rid  the  world  of  an  accursed  burden. 


Now  comes  the  most  important  of  all  the  provisions — 
the  one  which  will  best  secure  to  the  whole  world  the  legiti- 
mate fruitage  of  the  war.  It  calls  for  some  sacrifice  but  only 
such  as  social  progress  asks  of  each  for  the  good  of  all.  The 
article  is  short  and  is  given  here  in  full  and  should  be  com- 
mitted to  memory  by  everyone. 

Art.  10.  The  members  of  the  League  undertake  to  re- 
spect and  preserve  as  against  external  aggression  the  terri- 
torial integrity  and  existing  political  independence  of  all 
members  of  the  League.  In  case  of  any  such  aggression  or 
in  case  of  any  threat  or  danger  of  such  aggression  the 
Council  shall  advise  upon  the  means  by  which  this  obligation 
shall  be  fulfilled. 

Art.  II.  Any  war  or  threat  of  war  is  declared  to  concern 
the  whole  League,  which  shall  act  to  safeguard  peace; 
Secy.-Genl.  shall  then,  on  request  of  any  member,  summon 
a meeting  of  the  Council. 

Friendly  right  of  each  member  to  call  attention  to  any 
circumstance  threatening  international  peace. 

The  purpose  of  Articles  lo  and  ii  is  to  prevent  future 
wars.  Art.  lO  obligates  the  members  to  stand  together 
against  “external  aggression” — i.e.,  wars  of  conquest. 
Internal  disputes,  boundary  disputes,  etc.,  do  not  come 
under  it.  Stealing  territory  by  force  does.  In  the  words  of 
a Republican  Senator  it  “simply  makes  international 
murder  an  international  crime.”  Is  it  not  time  that  the 
United  States  along  with  all  other  nations  should  agree 
to  such  a pledge?  This  is  the  best  safeguard  for  peace 
ever  offered.  It  is  objected  to  as  impairing  the  sovereignty 

5 


of  the  United  States — as  possibly  involving  us  in  some 
future  sacrifice.  But  this  is  the  kind  of  sacrifice  we  have 
just  made  and  will  always  stand  ready  to  make.  It  is  in 
the  direct  line  of  our  noblest  traditions. 

A cowardly  refusal  to  take  this  stand  and  let  the  world 
“go  hang”  means  that  all  our  talk  of  ideals  has  been  but 
posing  and  boasting, — it  means  that  our  boys  have  died  in 
vain — that  the  fruits  of  their  victory  are  but  transient — not 
permanent. 


Now  comes  another  important  subject. 

Art.  12.  Arbitration. 

Members  agree  that  disputes  that  might  lead  to  rupture 
shall  be  submitted  to  arbitration  or  inquiry  by  Council  and 
not  to  resort  to  war  for  3 months  after  award  or  report. 

Award  to  be  made  within  a reasonable  time — report 
within  6 months. 

Art.  ij.  Members  agree  that  arbitrable  disputes,  not  to 
be  settled  by  diplomacy,  will  be  submitted  to  arbitration. 

Treaty  interpretations,  questions  of  international  law, 
and  extent  of  reparations  are  declared  to  be  arbitrable. 

The  Court  of  Arbitration  shall  be  the  one  agreed  on  by 
disputants. 

The  members  agree  to  carry  out  award  and  not  resort 
to  war  against  member  complying  therewith.  In  case  any 
member  fails  to  carry  out  award  Council  shall  propose  steps. 

Art.  14.  Permanent  court  of  International  Justice  to  be 
established,  competent  to  hear,  determine,  and  advise. 

Art.  15.  If  such  dispute  arises  and  is  not  submitted  to 
arbitration  members  agree  they  will  submit  it  to  the  Council. 
Any  party  to  the  dispute  may  make  the  submission  and 
Secy.-Genl.  will  make  arrangements.  Parties  should 
promptly  communicate  facts  and  Council  will  publish. 

Council  shall  endeavor  to  effect  a settlement  and  then 
publish  such  statement  of  facts  and  terms  as  deemed 
appropriate. 


6 


If  not  settled  Council  (by  majority  vote)  may  publish 
report  and  recommendations. 

Any  member  may  also  publish  facts  and  its  conclusions. 

If  Council’s  report  is  unanimous  (except  for  disputants) 
members  agree  not  to  go  to  war  with  any  disputant  comply- 
ing with  Council’s  recommendations. 

If  Council  not  unanimous  members  reserve  right  to  act 
for  maintenance  of  right  and  justice. 

If  Council  finds  dispute  solely  within  domestic  jurisdiction 
of  a member  it  shall  so  report  and  make  no  recommendation. 

Council  may  refer  dispute  to  Assembly;  must  be  so  re- 
ferred if  asked  for  by  either  party  within  14  days. 

Assembly  then  to  have  same  powers  as  given  to  Council; 
its  report,  if  concurred  in  by  all  the  Council  members  (except 
disputants)  and  majority  of  other  members,  shall  have  same 
force  as  a Council  report. 

Art.  16.  Any  member  resorting  to  war  in  disregard  of 
Arts.  12,  13,  or  15  is  deemed  to  commit  act  of  war  against 
all  the  others;  which  undertake  to  then  sever  trade  and 
financial  relations  and  prohibit  and  prevent  all  financial, 
commercial,  or  personal  intercourse  between  nationals  of 
covenant-breaking  state  and  nationals  of  all  other  states, 
members  or  not. 

Council  shall  then  recommend  what  forces  members 
concerned  shall  severally  contribute  to  protect  covenants. 

The  members  agree  on  mutual  support  in  measures  to 
minimize  loss  and  inconvenience  and  against  enemy’s 
measures  and  give  passage  to  troops. 

Any  member  violating  Covenant  may  be  expelled  by 
vote  of  Council  concurred  in  by  all  others  represented 
thereon. 

Art.  17.  In  case  of  dispute  with  non-member  or  between 
non-members  they  shall  be  invited  to  accept  conditional 
obligations  of  membership  and  Arts.  12  to  16  shall  apply 
with  necessary  modifications. 

The  Council  shall  then  inquire  and  recommend. 

If  invitation  be  refused  and  war  is  resorted  to  against 
a member  Art.  16  applies  against  state  so  acting. 

7 


If  both  non-members  refuse  Council  shall  act  to  prevent 
hostilities  and  effect  settlement. 


Thus  what  the  world  has  always  looked  forward  to — 
what  the  Hague  tribunals  failed  to  secure — comes  within 
reach.  Anyone  who  now  puts  it  in  jeopardy  is  a traitor  to 
the  catLse  of  civilization. 


Now  follows  the  important  agreement  on  “publicity.” 

Art.  i8.  Every  future  treaty  or  international  engage- 
ment made  by  members  shall  be  forthwith  registered  with 
secretariat  and  published.  Otherwise  not  binding. 

Art.  ig.  The  Assembly  may  advise  reconsideration  of 
outgrown  or  dangerous  treaties. 

Art.  20.  Members  agree  that  this  Covenant  abrogates 
existing  treaties  inconsistent  with  it,  and  promise  to  make 
none  such. 

And  to  take  steps  for  release  from  those  existing. 

Art.  21.  Nothing  herein  shall  invalidate  international 
engagements  such  as  Treaties  of  Arbitration,  and  Regional 
understandings  like  Monroe  Doctrine. 


The  hateful  secret  treaty  should  be  and,  if  the  above  is 
enacted,  can  be  doomed. 


Now  for  the  Colony  question.  What  are  the  true  prin- 
ciples on  which  they  should  be  developed  and  their  affairs 
administered? 

Art.  22.  The  Colonies  formerly  held  by  the  Central 
Powers,  and  still  unfitted  for  self-government,  become  civili- 
zation’s sacred  trust,  and  securities  for  performance  should 
be  provided. 


8 


Their  tutelage  should  be  intrusted  to  advanced  nations 
fitted  by  resources,  experience,  and  geographical  position, 
who,  if  willing,  should  become  mandataries. 

Mandates  must  differ  according  to : Stage  of  development, 
geographical  situation,  economic  conditions,  etc. 

Armenians,  etc.,  can  be  independent  but  subject  to  advice 
and  assistance  of  Mandatary,  their  wishes  being  considered. 

Mandataries  for  Central  Africa  must  guarantee  religious 
freedom,  prohibition  of  slave  trade,  arms  traffic  and  liquor 
traffic,  prevention  of  fortifications,  etc.,  and  trade  and 
commerce  facilities. 

S.  W.  Africans  and  South  Sea  peoples  can  be  best  ad- 
ministered as  portions  of  Mandatary’s  territory,  subject  to 
above  safeguards. 

All  Mandataries  to  render  annual  report  to  Council. 

Authority  of  Mandatary  to  be  explicitly  defined. 

Permanent  commission  to  be  created  on  Mandataries. 

Can  anyone  object  to  the  above  enlightened  and  humane 
system,  based  on  Christian  principles. 

Art.  2j.  Labor — The  League  will  aim  and  work  for: 

{a)  Humane  conditions  of  labor  for  men,  women,  and 
children  through  international  organizations. 

{b)  Just  treatment  of  natives,  etc. 

(c)  Against  traffic  in  women,  children,  and  opium. 

(d)  Control  in  trade  in  arms  and  ammunition. 

(e)  Freedom  of  communications  and  transit  and  equit- 
able commerce  regulations,  with  especial  attention  to  de- 
vastated regions. 

(/)  For  prevention  and  control  of  disease. 

Art.  24.  Existing  international  bureaus  to  come  under 
control  of  League  if  establishing  parties  consent.  Future 
commissions  regulating  international  interests  to  be  under 
League. 

Secy.-Genl.  to  give  information  and  assistance  when 
desired  and  if  Council  consent  to  general  conventions  regu- 
lating matters  of  international  interest. 

9 


Art.  25.  National  Red  Cross  Organizations.  League  to 
promote  and  encourage  establishment  and  cooperation 
throughout  the  world. 

Art.  26.  Amendments  require: 

Unanimous  ratification  of  members  represented  on 
Council;  and  majority  ratification  of  members  represented 
on  Assembly. 

No  amendment  binds  dissenting  member  but  such  forfeits 
membership. 


Those  who  regretted  that  the  United  States  delayed  in 
entering  the  war,  and  who  would  have  had  us  in  the  fight 
before  Germany  had  really  made  overt  war  on  us,  cannot 
logically  oppose  the  execution  of  this  treaty. 

The  division  of  opinion  over  ratification  in  the  Senate 
has  been  drawn  strictly  on  party  lines.  The  opposing  Sena- 
tors have  almost  never  alluded  to  its  merits.  They  are 
evidently  bound  by  agreement  to  find  defects  and  make  the 
most  of  them.  It  has  been  a sorry  exhibition  of  petty  critic- 
ism and  animus,  ludicrously  mixed  with  endeavors  to 
reap  the  credit  for  the  Covenant  itself.  Had  this  identical 
Covenant  originated  with  the  other  party  it  would  now  be 
insisting  on  ratification  without  a single  amendment,  re- 
servation, or  even  interpretation. 

In  the  meantime  the  opportunity  of  the  United  States 
to  lead  the  world  in  the  greatest  reform  since  “Magna 
Charta”  slips  by,  and  when  ratification  does  eventuate,  as 
it  surely  will,  it  will  have  been  so  grudgingly  given  that  the 
reputation  of  the  United  States,  as  the  champion  of  pro- 
gressive civilization,  will  be  largely  sacrificed. 

It  is  time  that  the  people  should  rise  and  demand  that 
the  United  States  be  allowed  to  take  its  rightful  place  in 
furthering  this  great  step  in  social  progress. 


BULLETINS  OF  THE  AMERICAN  RIGHTS  LEAGU 


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Members  payiog  annual  dues  receive  these  bulletins  as  Issued  and  they  can  sec 
copies  oi  the  earlier  Issues  as  far  as  they  are  still  in  print. 

The  bulletins  are  sold  (with  the  exception  of  those  marked  t)  a®  foUowsi 
Per  copy  ^ 

Per  hundred  ...........  ^ 

Per  thousand  ...........  i5. 

The  titles  starred*  are  out  of  print. 


Memorial 

Declaration  of  Principles 
*America’s  Part  Among  Nations 
*Wliere  Mr.  Wilson  Has  Failed  Us 
*National  Opportunity  and  Responsibility 

* America  s Foreign  Policy 

*Aldmg  the  Entente  as  an  American  Policy  . 
List  of  Honorary  Vice-Presidents 
*British  Trade  Restraints  and  Peace  Prospects 
*Words  Without  Deeds — Moral  Tre2ison 
A Personal  Letter  to  the  Kaiser 
*The  Night  Before  Birth  .... 
Does  the  German  State  Recognize  the  Mora! 
Law  ? . 

Is  Germany  Fulfilling  Nietzsche  ? . . 

The  Natural  History  of  the  Neutral 
The  Other  Tradition  .... 
List  of  Officers  and  Honorary  Vice-Presidents 
*To  the  American  People 
*Germany’s  Conduct  of  the  War 
Cardinal  Mercier’s  Appeal  to  the  World 
Why  We  Should  Fight  Germany  Now  . 
The  Appeal  of  the  Belgian  Workingmen 
No  False  Peace  ..... 
America  Faces  Momentous  Year 
Against  the  Laws  of  God  and  Man  . . 

*Telegrams  Read  at  Carnegie  HcJl  Meeting, 
March  5.  1917 

* No  Separate  War  . .... 

*America’s  Part  in  the  World-War  . . 

* The  Duty  of  America  .... 
tThe  Peril  of  Prussianism  .... 

* Address  to  the  Russian  People  . 

*The  United  States  and  Pan-Germanism 
tA  Letter  to  a German  Professor 

A New  Declcuration  of  Independence  . 
tTreason  ...... 

fOde  on  the  Sailing  of  our  Troops  for  France. 
Prussianized  Germany  .... 

A Permanent  Alliance  of  English-Speaking 
Peoples  ...... 


George  Louis  Beer 
N.  Y.  Tribune 
Randolph  H.  McKim 
Charles  P,  Howland 
George  F,  Canfield 

Frederic  R.  Coudert 
Elihu  Root 
Bruce  Barton 
Charlotte  H.  Craw/or 

L.  L.  Forman 
L.  L.  Forman 
L.  L.  Forman 
L.  L.  Forman 

Geo.  Haven  Putnam 
The  Nation  (London) 

William  H.  Doughty, 

Religious  Leaders 
John  Grier  Hibhen 
Theodore  Marburg 


F.  J.  Mather,  Jr. 
William  T.  Manning 
Richard  Cabot 
Douglas  W.  Johnson 
American  Rights  Le 
Andre  Cheradame 
D.  W.  Johnson 
Edward  Hagaman  H 
Charles  Stewart  Dav‘ 
John  Jay  Chapman 
Otto  H.  Kahn 


Reprint  of  Advertisements — Appeals  to  the  People 


Huntington  Wilson 


Geo.  Haven  Putnam 
George  L.  Knapp 
Samuel  Harden  Chur 
J.  B.  W.  Gardiner 


Labor  and  the  Wm 

Britain  and  America  .... 

The  Danger  of  Peace  Discussion 
How  Germany  is  Preparing  for  the  Next  War 
An  Alliance  of  the  English-Speaking  Peoples 

of  the  World  Theodore  Roosevelt  and  Geo-  Haven  Futn 

The  Common  Cause.  Britain’s  Part  in  the 

Great  War  . Compiled  by  The  Library  of  War  Literal 

The  British  Elmpire  and  a League  of  Peace  . George  Burton  Adams 
The  Treaty  of  Peace  and  the  League  of  Nations 


PHOTOMOUNT 

PAMPHLET  BINDER' 

PAT.  NO. 
877168 

Manufaclured  by 
GAYLORD  BROS.  Ine. 
Syracuse,  N.  Y. 
Sfcockton,  Calif. 


